Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Yancey v. State

Court of Appeals of Iowa

July 18, 2018

NATHANIEL YANCEY JR., Applicant-Appellant,
v.
STATE OF IOWA, Respondent-Appellee.

          Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.

         An applicant appeals the denial of his application for post-conviction relief.

          Gary Dickey of Dickey & Campbell Law Firm, PLC, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Linda J. Hines, Assistant Attorney General, for appellee State.

          Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.

          POTTERFIELD, JUDGE.

         Nathanial Yancey Jr. appeals the denial of his postconviction-relief application. On appeal, Yancey argues his trial counsel was ineffective, the district court should have applied a different standard when determining whether he was prejudiced by his counsel's ineffectiveness, and his total ninety-year sentence violates the cruel and unusual punishment clause of the Iowa Constitution.

         I. Background Facts and Proceedings.

         On November 25, 2011, an altercation occurred in the parking lot at Valley West Mall in Des Moines. Witnesses heard gun shots and saw a person firing a gun. One witness reported the incident to the West Des Moines Police and later identified Yancey as the shooter in a photo array. Another witness identified the shooter by race. Another witness provided the police with a license plate number from one of the cars involved in the shooting; the car belonged to Yancey. The police collected three nine-millimeter pistol shell casings from the area the shooting occurred.

         On December 3, two off-duty police officers were working at Club 101 in Des Moines, Iowa. One of the officers heard someone yell that Yancey "had a piece." The officer attempted to apprehend Yancey. Yancey resisted and attempted to flee. When the officer attempted to use his taser, Yancey turned around and fired his gun at the officer. Yancey was eventually stopped by another officer. He no longer had a firearm in his possession, but a nine-millimeter pistol was found under a truck in an alley Yancey ran through. Three casings from the same pistol were found at the scene.

         A criminologist from the Iowa Division of Criminal Investigation (DCI) tested the casings found at the Valley West shooting, casings from the Club 101 shooting, and the pistol found at the Club 101 shooting. He determined the gun found at the Club 101 shooting fired the casings found at both the Club 101 shooting and at the Valley West shooting.

         Yancey was charged in December 2011 with nine charges stemming from the two events. He was charged with intimidation with a dangerous weapon in violation of Iowa Code section 708.6 (2011), assault while participating in a felony in violation of section 708.3, going armed with intent in violation of section 708.8, and possession of a firearm by a felon in violation of section 724.26 in connection with the events of November 25 at Valley West. He was charged with attempt to commit murder in violation of section 707.11, assault on a peace officer with a weapon in violation of sections 708.1 and 708.3A, assault while participating in a felony in violation of section 708.3, going armed with intent in violation of section 708.8, possession of a firearm by a felon in violation of section 724.26, and intimidation with a dangerous weapon in violation of section 706.8 in connection with his actions on December 3 at Club 101.

         The court granted Yancey's motion to sever the trials; the charges stemming from November 25 at Valley West and December 3 at Club 101 were tried separately. The State brought the Club 101 shooting to trial first. The jury found Yancey guilty of assault with intent to inflict serious injury-a lesser included offense of attempted murder, assault on a police officer with a weapon, assault while participating in a felony, going armed with intent, possession of a firearm by a felon, and intimidation with a dangerous weapon. Yancey was sentenced to two years for assault with intent to inflict serious injury. Yancey stipulated he was a habitual offender for assault on a police officer with a weapon, assault while participating in a felony, going armed with intent, possession of a firearm by a felon, and intimidation with a dangerous weapon. Yancey was sentenced to fifteen years for each habitual offender count, to run consecutively for a period not to exceed seventy-five years.

         Yancey appealed his conviction and sentence for the Club 101 shooting, arguing he received ineffective assistance of counsel and the district court failed to give adequate reasoning for his consecutive sentences. State v. Yancey (Yancey I), No. 12-1556, 2014 WL 956020 at *1 (Iowa Ct. App. Mar. 12, 2014). Yancey argued his counsel was ineffective for failing to object to a jury instruction on going armed with intent. Id. at *2. We found the jury instruction was proper and his counsel was not ineffective for failing to raise an objection that had no merit. Id. at *2-3. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.